Falsely Accused of Cruelty by Wife in Chandigarh? If you’ve been falsely accused of cruelty or harassment by your wife, you’re not alone. Many individuals especially in matrimonial disputes face false accusations under the pretext of domestic violence or dowry harassment. As per the new criminal laws in India, these offences are now covered under Section 85 of the Bharatiya Nyaya Sanhita (BNS), 2023. This article will help you understand your rights and the legal process if you’re falsely implicated under Section 85 BNS. It is especially relevant for those seeking guidance from criminal defense lawyers in Chandigarh, family lawyers, and high court advocates in Chandigarh.
What is Section 85 of the Bharatiya Nyaya Sanhita (BNS), 2023?
Legal Meaning and Scope
Section 85 of BNS, 2023 replaces the old Section 498A IPC and relates to cruelty inflicted by a husband or his relatives on a married woman.
Text of Section 85 BNS:
“Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.”
Definition of “Cruelty”
The section defines cruelty as:
- Any intentional conduct likely to drive a woman to suicide or cause grave injury (physical or mental)
- Harassment for dowry or unlawful demands
This offence is cognizable, non-bailable, and non-compoundable—making it a serious charge under the new legal regime.
Increasing Misuse of Section 85 BNS in Matrimonial Disputes
Judicial Acknowledgment of Misuse
The Supreme Court of India, in multiple rulings including Arnesh Kumar v. State of Bihar (2014), has acknowledged misuse of cruelty provisions. The Court emphasized:
“Arrest should be an exception, not the rule.”
Under the new BNS/BNSS structure, these safeguards are even more relevant to prevent wrongful arrests and misuse of power.
What to Do If You’re Falsely Accused of Cruelty by Wife in Chandigarh
Step-by-Step Legal Actions
Step 1: Stay Calm and Collect Evidence
Immediately:
- Secure all communication records (calls, messages, emails)
- Save bank statements, photos, videos, and voice recordings that support your defense
- Maintain a record of all relevant interactions
Step 2: Apply for Anticipatory Bail – Section 484 BNSS
Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, you can apply for anticipatory bail under Section 484. The process remains similar to the earlier CrPC’s Section 438 but aligned to BNSS numbering.
Criminal lawyers in Chandigarh can assist in:
- Drafting anticipatory bail petitions
- Filing before District or High Court
- Getting interim protection from arrest
Step 3: File Petition to Quash FIR – Section 482 BNSS
If you have strong evidence of a false allegation, you can move the Punjab & Haryana High Court in Chandigarh to quash the FIR under Section 482 BNSS (formerly 482 CrPC).
Grounds to quash may include:
- Absence of cruelty or dowry harassment
- No specific allegations
- FIR filed out of vengeance
High court advocates in Chandigarh often pursue such relief where the allegations are fabricated or exaggerated.
Step 4: File a Counter Complaint (Optional)
Depending on your situation, you may:
- File a complaint under Section 79 BNS (false complaint to police)
- File for defamation under Section 356 BNS
- File under Section 193 BNS for furnishing false evidence
These options should only be exercised after a detailed consultation with criminal defense advocates in Chandigarh.
Related Legal Provisions and Remedies
Section 85 BNS
Directly addresses cruelty by husband or relatives toward a married woman.
Section 484 BNSS
Governs anticipatory bail. This section allows individuals to seek legal protection before arrest in cases of false accusations.
Section 482 BNSS
Grants the High Court inherent powers to prevent abuse of process and ensure justice.
Article 21 of the Constitution
Safeguards your right to life and personal liberty. False prosecution violates this right.
Article 226 of the Constitution
Permits filing of writ petitions in High Court, including for stay of arrest and constitutional remedies.
Realistic Scenarios in Chandigarh Courts
Scenario 1 – Elderly Parents Falsely Accused
A 70-year-old father and 65-year-old mother are named in a Section 85 FIR. The High Court grants them exemption, citing lack of direct involvement and generic allegations.
Scenario 2 – Wife Uses FIR to Force Settlement
Husband files a counter affidavit showing that the FIR was registered after refusing to pay a large alimony. The FIR is quashed under Section 482 BNSS.
Scenario 3 – Police Issue Notice Under BNSS
Instead of immediate arrest, the police issue a Section 35 BNSS notice, giving the husband a chance to appear and explain.
False accusations under Section 85 of Bharatiya Nyaya Sanhita (BNS), 2023 can have serious consequences—personally, socially, and legally. However, the law also protects the innocent. With legal remedies such as anticipatory bail (Section 484 BNSS), quashing of FIR (Section 482 BNSS), and constitutional safeguards under Article 21, individuals can defend themselves against wrongful prosecution.
If you or a family member is falsely accused in Chandigarh, don’t delay. Consult experienced criminal lawyers, family advocates, and high court lawyers in Chandigarh to navigate the legal process strategically and lawfully.
FAQs on Falsely Accused of Cruelty by Wife in Chandigarh
1. Can I be arrested immediately under Section 85 BNS?
No. As per Supreme Court guidelines and Section 35 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, police are expected to first issue a notice of appearance before proceeding with an arrest, especially in matrimonial disputes. Consulting experienced criminal defense lawyers in Chandigarh can help ensure your rights are protected from the beginning.
2. What are my bail options?
You can apply for anticipatory bail under Section 484 BNSS through either the District Court or the Punjab & Haryana High Court in Chandigarh. Given the seriousness of charges under Section 85 BNS, it is critical to work with knowledgeable criminal lawyers in Chandigarh or high court advocates in Chandigarh to increase your chances of securing bail.
3. Can I get the FIR quashed if it’s false?
Yes. The High Court has the power under Section 482 BNSS to quash an FIR if it lacks substance or is motivated by personal vendetta. Filing a quashing petition through an experienced high court lawyer in Chandigarh is the recommended approach in cases of false accusations under Section 85 BNS.
4. How can I protect my parents from harassment?
If your elderly parents or relatives have been named without proper justification, family advocates in Chandigarh and criminal defense advocates can file for their discharge or exemption from the proceedings. Courts often recognize the misuse of this section to target extended family members and provide relief accordingly.
5. Is mediation possible in Section 85 BNS cases?
Yes, particularly in matrimonial disputes, the courts often encourage mediation to avoid prolonged litigation. Skilled family lawyers in Chandigarh and matrimonial dispute lawyers in Chandigarh can facilitate mediation between the parties, which may result in a mutual settlement or withdrawal of the complaint.